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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Shyamadevi P.N. SinghVsMCGM

CNR MHCC0101494220184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
100518/2019
Registration Date
27 Feb 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 39

Case History / Proceedings

Case History
Date: 27-02-2019
Business: Adjourned to 5-4-2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: None for Plff.
Adv. Mrs. Bhoir for MCGM/deft. present.
Adv. Ms. T. Dalvi for applicant present and tendered original registered Ch/s No.592/19 alongwith affidavit.
In view of office order No.66/19 dt.4/4/2019 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, this matter is transferred to C.R. No.9 for disposal in accordance with law.
Adjd to 24/6/2019 for Ch/s reply.
LO at 3.15 p.m.
Adv. Mr. Avnendra Kumar for Plff present.
Time extended to register the Ch/s filed by Plff.
Earlier order, if any, to continue till next date.
Already adjd to 24/6/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: In view of letter dtd. 09.04.2019 of Hon\''ble Principle Judge the matter is again transferred to this Court from C. R. no. 9.
None for Plaintiff.
Adv. Ms. T. Dalvi for applicant present.
Adv. Khandagle for Defendant/MCGM present.
Plaintiff has failed to file reply to Ch/.s till today.  Hence Ch/s will be heard without reply of plaintiff.
Adjd. to 29.07.2019 for Ch/s hearing.
l.o. at  5.00
Exh. 3 - Adv. Avnendra Kumar for plaintiff present and filed application for setting aside no reply order to Ch/s.  O- Application is granted.
Earlier order, if any, to continue till next date.
Adjd. to 29.07.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Adv. Avnendra Kumar for plaintiff present and tendered Ch/s reply.  Copy served to other side.
Adv. Khandagle for MCGM/Deft. present.
Adv. Ms. T. Dalvi for applicant present.
Defendant has failed to file reply to Ch/s no. 592/19.  Hence the Ch/s will be heard without reply of def/MCGM.
Earlier order, if any, to continue till next date.
Adjd to 30.09.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Adv. Avrendrakumar  for plaintiff present.
Adv. Mrs. R.M. Hazare h/f Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv.Ms. T. Dalvi for applicant present.
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 27-11-2019 forC/S Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Advocate Mr. Kunal Tiwari for plaintiff present
Adv. Khandagle for MCGM/Deft. present.
Advocate Ms. T. Dalvi for applicant present.
K.B.
L.O. at 4.10 p.m.  Same appearance.
Heard both sides in respect of Chamber Summons.
Plaintiff is directed to register earlier NM and Chamber Summons on or before next date.
Time is extended till next date to serve writ of summons.
Earlier order, if any, to continue till next date.
Case is adjourned to 09/12/2019 for Order on Chamber Summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
None for applicant.
KB
LO
Adv. Avnendrakumar  for plaintiff present and tendered original N/M no. 4580/19 along with affidavit, original registered C/S No. 2164/19 along with affidavit and original writ of summons.
Adv. T. Dalvi for applicant present.
Court busy in 8 Ad-interim hearing matters, passing orders in 3 notices of motions. Hence, adjourned.
Earlier order, if any, to continue till next date.
Adjd to 20-12-2019  for  Order.
Next Purpose: ORDER
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Avnendra Kumar  for plaintiff present.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
Earlier order, if any, to continue till next date.
LO
Court is busy in ad-interim hearings and ad-interim orders.
Adjd to  08-01-2020  for Order .
Next Purpose: ORDER
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Avnendra Kumar for plaintiff present.
Adv. Ms. Patil h/f. Adv. Mr. Khandagale for MCGM/Defendant present.
None for applicant.
On oral request of advocate for Plaintiff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd. to 27/01/2020 for hearing on Chamber Summons No. 592/19/NM reply/reply to Ch/S no.2164/19.
Next Purpose: HEARING
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv.Avnendra Kumar  for plaintiff present.
None for applicant in ch/s No.592/19.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to  10.02.2020  for NM reply/ ch/s 2164/19 reply  ch/s No.592/19  hearing.
Next Purpose: HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: I/c of Court Room No.08
Adv Mr. Avanendrakumar for plaintiff present.
Adv Mr. Khandagal for defendant/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 23/03/2020 for ch/s hrg.
Next Purpose: HEARING
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: adjd
Next Purpose: HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 05/02/2021 for hearing on ch/s no.592/19/ NM Reply/Reply to Ch/s No. 2164/19.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Avanendra Kumar for plaintiff present.
Adv. Khandagle for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 19/03/2021 for Reply to Ch/s No.2164/19/
Hearing on Ch/s No.592/19 and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Anand Ashok Singh CA of plaintiff present and requests for time as his advocate is absent. Time is granted till next date.
Adv. for plaintiff is absent.
Adv. Khandagale for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 03/05/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Taral h/f Adv T. Dalvi for applicant present and requests for time to argue the NM and Ch/s. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 24/09/2021 for Ch/s and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Taral for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 24/11/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv. Taral for applicant present and filed V.P., t.o.r. and marked as Exh.4.
None for applicant in Ch/s. No. 592/19.
Matter is adjd to 02/02/2022 for NM and Ch/s. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. to 11/03/2022 for NM and Ch/s. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM and Ch/s hearing. But neither plaintiff nor his advocate present. It shows that plaintiff is not interested to proceed with the matter, hence NM and Ch/s be kept for dismissal.
Adjd. To 04/04/2022 for NM and Ch/s dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: HHJ is on leave
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 20/06/2022 for NM and Ch/s dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Adjd. to 16/07/2022 for dismissal of N/M and C/S.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: None for plaintiff.
None for defendant/ MCGM.
None for applicant.
Adjd. to 20/08/2022 for N/M and Ch/S dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Tondwalkar for defendant/ BMC is present.
Following is order is passed on N/M No. 4580/2019-
O R D E R
       N/M is more than 3 years old and it is pending since long for hearing. The roznama shows that plaintiff and his advocate did not remain present since many dates. It appears that plaintiff is not interested to proceed with the N/M. Hence, I passed following order-
O R D E R
Notice of Motion No. 4580/2019 is dismissed for default.
Following is order is passed on Ch/S No. 592/2019-
O R D E R
       Ch/S is more than 3 years old and it is pending since long for hearing. The roznama shows that applicant and his advocate did not remain present since many dates. It appears that applicant is not interested to proceed with the Ch/S. Hence, I passed following order-
O R D E R
Chamber Summons No. 592/2019 is dismissed for default.
Adjd. to 28/09/2022 for dismissal of N/M No.140/2019 and Ch/S No.2164/2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Following order is passed on N/M No.140/2019 and Ch/S No.2164/2019-
O R D E R
     When called upto 03.40 p.m., none present for plaintiff. N/M and Ch/S is pending for hearing since long. The roznama shows that neither plaintiff nor advocate appearing since many dates. This shows that the plaintiff is not interested to proceed with the N/M and Ch/S. Hence, I have no option but to dismiss N/M and Ch/S for want of prosecution. Hence, I passed following order-
O R D E R
  Notice of Motion No.140/2019 and Chamber Summons No.2164/2019 are dismissed for want of prosecution.
Adjd. to 11/11/2022 for No W/S order.
Next Purpose: ORDER
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file W/S. Suit is of year 2019 and inspite of sufficient time defendant/ corporation not filed W/S. Hence, suit to proceed without W/S.
Adjd. to 03/12/2022 for R/E by plaintiff (without W/S).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: As Court is on leave, board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 14/06/2023 for R/E by plaintiff (without W/S).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Adjd to  30.08.2023 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Suit is of year 2019 and pending since Nov-22 for plaintiff evidence. However plaintiff and his Adv not remains present. Therefore matter adjourned and kept for dismissal of suit.
Adjd to 21.10.2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for plaintiff.
Advocate Mhatre h/f. Mr. Suryavanshi for defendant/BMC present.
Suit is of 2019 and since November 2022 it is for plaintiff’s evidence but the plaintiff did not file evidence. Hence on 30/8/2023 matter was adjourned and kept for dismissal of suit. But in spite of that none present for the plaintiff. The plaintiff has not filed evidence. This shows that the plaintiff is not interested in prosecuting suit. Hence I pass following order :-
ORDER
Suit is dismissed under Order-IX Rule-8 of The Code of
 Civil Procedure for want of prosecution
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-10-2023

Additional Case Details

Additional Case Details
Filing Number: 115940/2018
Filing Date: 03-12-2018
First Hearing Date: 27th February 2019
Decision Date: 21st October 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1
21 Oct 2023
Order Details: Other
Order 1
21 Oct 2023
Order Details: Other

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